St. Louis & S. F. Ry. Co. v. Bennett
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for tb.e Western District of Arkansas. This was an action by Margaret L. Bennett, administratrix of the estate of W. W. Bennett, the defendant in error, to recover damages from the St. Louis & San Francisco Railway Company and its receivers, the plaintiffs in error, for the death of the intestate, which she alleged was caused by the negligence of the company in leaving a switch open, and in running a freight train at an…
Read the full summary
In Error to the Circuit Court of the United States for tb.e Western District of Arkansas. This was an action by Margaret L. Bennett, administratrix of the estate of W. W. Bennett, the defendant in error, to recover damages from the St. Louis & San Francisco Railway Company and its receivers, the plaintiffs in error, for the death of the intestate, which she alleged was caused by the negligence of the company in leaving a switch open, and in running a freight train at an excessive raLe of speed. The company denied negligence, and alleged that the injuries were caused by the negligence of the…
1Opinion of the CourtSanborn, Circuit Judge
The only duty which a railroad company owes i:o those who, without its knowledge or consent, enter upon its tracks, not at a crossing or other like public place, is not wantonly and unnecessarily to inflict injury upon them after its employes have discovered them. It owes them no duty to keep a lookout for them before they are discovered, because they are unlawfully upon the tracks, and the railroad company is not required to watch for violations1 of the law. Railroad Co. v. Howe, 3 C. C. A. 121, 52 Fed. 362, 369; Railway Co. v. Tartt, 12 C. C. A. 618, 64 Fed. 823; Railroad Co. v. Cook, 13 C.…
2Cases cited26 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
- Western Indemnity Co. v. CorderCourt of Appeals of Texas · 1923
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
- Louisville & N. R. v. WomackCourt of Appeals for the Sixth Circuit · 1909
18 more not listed; retrieve them via the Exa API.